HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Krista Phizacklea
Applicant
-and-
J. A. Kaytor Holdings Inc., and James Kaytor
Respondents
DECISION
Adjudicator: David Shannon
Indexed as: Phizacklea v. J. A. Kaytor Holdings
APPEARANCES
Krista Phizacklea ) No one appeared for ) applicant
J.A.Kaytor Holdings Inc. ) James A. Kaytor, on his and James A. Kaytor ) own behalf and on behalf Respondents ) of the respondent J ) J.A.Kaytor Holdings Inc
1This is an Application filed December 11, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2The parties agreed to mediate the Application and a mediation was held on June 8, 2009. The parties were unable to resolve the dispute. A Notice of Case Resolution Conference was sent to the parties on June 19, 2009. The Notice advised that the Case Resolution Conference would commence at 9:30 a.m. on November 4, 2009 at 655 Bay Street in Toronto, and set deadlines for exchanging and filing materials.
3On October 22, 2009 the respondents emailed the Registrar-Transition to advise that they had not received any of the documents the applicant was required to produce in accordance with the Tribunal’s Rules.
4The respondents attended the Case Resolution Conference and was prepared to proceed. He consented to an adjournment in order to allow the applicant some time to arrive late. The applicant did not appear, and did not telephone the Tribunal office to explain her absence.
5At 11:00 a.m., I commenced the Case Resolution Conference. The respondent requested that I dismiss the Application.
6I am satisfied the applicant received the Notice of Case Resolution Conference from the Tribunal. The Notice was sent to the address provided by her former legal representative and was not returned.
7I am further satisfied the applicant’s behaviour suggests she no longer wishes to pursue this Application. She also failed to follow the various case management directions issued by the Tribunal and has not maintained contact with the Tribunal or the respondent.
8In all these circumstances, and after considering the respondent’s submissions, I dismiss the Application.
Dated at Toronto this 7^th^ day of December, 2009.
“Signed By”
David Shannon
Member
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